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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Direct Final Rule Procedure; Petitions for Rulemaking

Final rule.

To further the goals of Executive Order 12866 on Regulatory Planning and Review, and in response to the recommendations of the National Performance Review (NPR) and the former Administrative Conference of the United States, RSPA is implementing a new and more efficient procedure for adopting noncontroversial rules. This ``direct final rule'' procedure involves issuing a final rule providing notice and an opportunity to comment and stating that the rule will become effective on a specified date without further publication of the text of the rule if RSPA does not receive an adverse comment or notice of intent to file an adverse comment. If no adverse comment or notice of intent to file an adverse comment were received, RSPA would issue a subsequent notice in the Federal Register to confirm that fact and reiterate the effective date. If an adverse comment or notice of intent to file an adverse comment were received, RSPA would issue a subsequent notice in the Federal Register to confirm that fact and withdraw the direct final rule before it goes into effect. RSPA is also amending its rulemaking procedures to specify in more detail the required contents of a petition for rulemaking and provide that petitions for rulemaking and petitions for reconsideration will be reviewed and acted upon by the appropriate Associate Administrator or the Chief Counsel and that decisions of the Associate Administrator may be appealed to the Administrator.

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